If you’ve been injured at work or experiencing an illness due to your job duties, you probably want to file a workers’ comp claim. The question becomes if there is workers’ comp available from your lawyer. While some states require that all employers offer their employees workers’ compensation, others demand it from employees with a certain number of employees.
Luckily our employment lawyers in Columbus will answer all your questions. This article explains if workers’ compensation is available for your employer and what it covers. We’ll also explain Ohio workers’ compensation law.
Who Administers Workers’ Compensation Insurance in Columbus, Ohio?
In Columbus, a vast majority of employers carry workers’ compensation insurance. The primary agency in charge of workers’ comp claims is the Ohio Bureau of Workers’ Compensation (BWC). You can find most of the governing laws in Ohio’s Workers’ Compensation Act. Administrative rules also cover workers’ compensation in Columbus.
As a city in Ohio, the state provides workers’ compensation insurance rather than through private insurance companies. To apply for insurance from the state, you must complete the online application using the workers’ compensation coverage form.
Apart from opting for state insurance, your employer could also seek self-insurance. However, this is not a good option for small businesses because they’ll have to set apart lots of money for potential claims.
Types of Businesses in Columbus That Don’t Carry Workers’ Compensation
There are different types of businesses in Columbus that don’t need to carry workers’ compensation. If your employer falls into this category, no workers’ compensation is available for you.
- Sole proprietors with no employees
- Partnership without employees
- Limited liability companies acting as sole proprietors with no employees
- Family farm corporate officers with no employees
- Limited liability companies acting as partnerships with no employees
- Individuals incorporated as a business without employees
- Ordained or associate ministers of a religious organization
These businesses might decide to carry workers’ compensation if the owner falls sick or gets injured. If the religious organization has paid employees, there’s a need to carry workers’ compensation insurance.
In cases where the businesses have the insurance, they can report a work injury to the BWC. If approved by the BWC, they will cover medical bills and lost time.
Employment Lawyers in Columbus Explain the Workers’ Compensation Requirements
Although the top employment lawyers in Columbus can help you with your claims, it is crucial to know the requirements for workers’ compensation. Every Columbus employer with employees must get workers’ compensation insurance irrespective of the number of employees.
Although independent contractors can choose not to get workers’ compensation, they have to if they control the selection of materials and the quality of performance of another worker.
In such a case, the worker is considered an employee. If your employer lacks workers’ compensation insurance for employees, they could face penalties and fines.
In addition, you can sue your employer for all the damages and expenses related to the work injury or illness through a personal injury lawsuit. Also, you can file a claim with the BWC. If approved, your employer will reimburse the BWC for the expenses.
Columbus Workers’ Compensation Coverage
When your claim for workers’ comp is approved, it helps pay your medical costs and several other expenses. Our employment lawyers explain the coverage available under workers’ compensation in this section.
Workers’ comp pays for the medical expenses associated with your injury or illness. For example, the cost of an ER visit, surgeries, medications, and more are some of the covered costs under workers’ comp.
An example is if you suffered an injury due to a slip and fall, some medical coverage you could enjoy in addition to ER costs and surgeries include long-term expenses like rehabilitation and physical therapy.
If you’re unable to get to work due to your injuries, the workers’ compensation insurance replaces your lost income. So, if you had to take four weeks off work for recovery, the coverage would pay you the wages lost within those weeks.
Short Term and Long-Term Disability
Sometimes, an injury causes either a permanent or partial disability. That’s where workers’ compensation insurance enters the picture. Experienced employment lawyers in Columbus can assist you in getting workers’ comp that will help pay for the ongoing medical bills and lost wages due to the disability. In some cases, the employee could receive an impairment rating if they lost a part of their body due to the injury.
Thousands of people die at work yearly. You can often find these employees in the trucking and construction business. Workers’ compensation can also help cover the cost of the funeral. In addition, it will provide death benefits to the employee’s family. The state usually determines the amount available under the workers’ comp coverage.
How the Workers’ Comp Claim System in Columbus Works
To file a workers’ compensation claim in Columbus, you must go through the Ohio Bureau of Workers’ Compensation. There are two categories of claims allowed, and they include:
- Medical Only: This applies if you missed less than seven days of work. You can get treatment, benefit from the injury, and return to work quickly.
- Lost Time Claims: This claim means that you missed more than eight days of work. It covers medical expenses and other benefits.
The workers’ compensation claim process usually takes 30 days. During this time, the claim will be approved or denied. After the BWC makes a decision, you or your employer can file an appeal within 14 days.
After filing an appeal, the case moves to the Industrial Commission of Ohio, which hears the dispute. Note that the state won’t pay your medical expenses till you get approval on all claims. The appeal period must also be expired before the state pays for expenses.
Contact the Best Employment Lawyers in Columbus Today!
Collecting workers’ comp benefits after a work-related injury or illness can be confusing and time-consuming. You might be wondering if your employer has workers’ comp insurance and the type of coverage available.
Note that the process is quite different if your employer chooses self-insurance. However, your lawyer can provide you with all the information you need to know. So if you’re not satisfied with your employer’s response to your work-related injury or illness, or you don’t feel like you’re being taken seriously, contact us.
When you work with our personal injury attorney in Columbus, Ohio, we’ll help you diligently protect your rights through the claim process. We’ll also ensure you receive enough compensation to cover all your expenses. Book a free consultation today to discuss your options.